Divorce Procedure in Louisiana

Getting divorced can be a confusing process. It requires multiple steps, and each one seems so different from the previous. Often your attorney does not explain the process in much detail, assuming that the clients are not interested. This is a momentous step in you and your family’s life, and it can be important not to feel in the dark about what your lawyer is doing.

In order to understand the entire divorce process, it is important to understand that two completely different procedural steps are being employed. The first procedural element governs the legal process to end just the marriage. The second procedural element concerns how a court will determine any incidental or ancillary mattes connected to the breakup of a marriage.

The first type of procedure is named ‘ordinary’ procedure by the Louisiana Civil Code. This type is used in most types of civil litigation and generally allows you to begin the process of getting a judgment divorcing you from your spouse. In order to begin the divorce process, you must begin with ordinary procedure. This generally involves you filing a petition in which you request to get divorced.

This petition is then served upon your opposing party, who has an opportunity to answer. If the opposing party answers your petition, you then must set for hearing the divorce by filing a motion. If the opposing party does not answer, you then have the opportunity to request from a court a judgment of divorce based on other party’s failure to answer. This is usually called a default judgment.

The second type is called ‘summary’ procedure, and this is a far less formal approach to litigation that generally allows for matters to be heard quicker than ordinary procedure. Summary can be used for interim and final spousal support (a.k.a. alimony), in addition to child custody and support. The way that this works is that when requesting any of these incidental matters, you must have first requested it as part of your petition. Then, you may simply attach a motion requesting that the court set a date where the other side is ordered to appear and state why you should not get what you requested in your petition. This method is cost effective as it is not necessary that the other side file an answer, saving the other side costly court fees in addition to attorney’s time in preparing an answer.

It is important to note that the ordinary procedure is generally required while summary procedure is not. This is important because it is possible for you to request spousal support, and child custody and support as part of your petition and then request a default judgment, if the other side does not timely answer. Many judges, however, will not grant whatever custody arrangement that you request in your petition, reasoning that the best interests of the child supersedes technical procedural issues. Other judges might grant you what you are able to prove to the court in trying to get a default judgment.

The above material is intended for information purposes only. It is not intended as professional legal advice and should not be construed as such. Attorney Will Beaumont practices in New Orleans, La.